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What NOT to do - Victorian Food Safety Convictions

Prosecutions for food safety breaches may be initiated where there has been serious non-compliance or a repeated failure to comply with food laws. This is an important measure taken by government to ensure that food sold in our community is safe for human consumption.

As of 1 July 2010, details of offences under the Victorian Food Act 1984 or the regulations involving the conviction of a person by a court after that date are publicly available on this website.

This is in accordance with section 53D of the Food Act, which requires the Secretary of the Department of Health to keep a register of convictions for offences under the Food Act or the regulations, and section 53E, which requires that register to be published on a Department of Health website.

The Act requires that each conviction is to be included in the register for 12 consecutive months.

Ordinarily, a conviction under the Act is dealt with in open court - typically in the Magistrates' Court. The purpose of the register is to increase the opportunities for a court's decision to become more widely known. This will make information about non-compliance with the Act more readily available to the public.
Trade name of food business:

 La Casareccia Pizza Restaurant (aka Grillers Steak and Ribs, Bubbles Seafood, My room service)
Address of premises where offence(s) occurred:

 653 High Street, Thornbury 3071
Date of conviction:

 29 October 2015
Court decision:

Found guilty with conviction.

 
Sentence and/or order imposed:

 Convicted and fined $40,000.00 as part of an aggregate order, with $5,518.00 costs.  
Description of offense(s):

 

 

Food Act S16(1) - Fail to comply with the Food Standards Code on the 14 May 2015:

  1. Standard 3.2.2, Clause 3(1)(a) - fail to ensure that the persons undertaking or supervising food handling operations had skills in food safety and food hygiene matters commensurate with their work activities.
  2. Standard 3.2.2, Clause 3(1)(b) - fail to ensure that persons undertaking or supervising food handling operations have knowledge of food safety and hygiene matters commensurate with their work activities.
  3. Standard 3.2.2, Clause 6(1)(a) - when storing food, fail to store food in such a way that it was protected from the likelihood of contamination.
  4. Standard 3.2.2, Clause 6(2)(a) - when storing potentially hazardous food, fail to store food under temperature control.
  5. Standard 3.2.2, Clause 9(a) - fail to ensure that when packaging food it used only materials that were fit for their intended use.
  6. Standard 3.2.2, Clause 17(1)(c) - fail to ensure hand washing facilities are only used for the washing of hands, arms and face.
  7. Standard 3.2.2, Clause 17(1)(d) - fail to provide at or near each hand washing facility single use towels or other means of effectively drying hands that are not likely to transfer pathogenic micro-organisms to the hands.
  8. Standard 3.2.2, Clause 19(1) - fail to maintain those food premises to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter.
  9. Standard 3.2.2, Clause 19(2) - fail to maintain all fixtures, fittings and equipment, having regard to their use, to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter.
  10. Standard 3.2.2, Clause 20(1)(b) - fail to ensure that the food contact surfaces of equipment were in a clean and sanitary condition whenever food that will come into contact with the surface is likely to be contaminated.
  11. Standard 3.2.2, Clause 21(1) - fail to maintain the food premises, fixtures, fittings and equipment, in a good state of repair and working order having regard to their use.
  12. Standard 3.2.2, Clause 22 -  fail to have a temperature measuring device at the food premises where potentially hazardous food is handled.
  13. Standard 3.2.2, Clause 24(1)(c) - fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises.

Food Act S16(1) – Fail to comply with the Food Standards Code on the 22 May 2015:

  1. Standard 3.2.2, Clause 24(1)(c) - fail to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises.

Food Act Section 19F - Fail to ensure that a food safety program was kept at the food premises to which it related on 14 May 2015.
Trade name of food business:

 Dee’s Kitchen
Address of premises where offence(s) occurred:

 19 Pier Street, Dromana 3936
Date of conviction:

 6 November 2015
Court decision:

Found guilty with conviction 
Sentence and/or order imposed:

 Convicted and fined $15,000, with $10,000 costs
 
Description of offense(s):

 

 Food Act 1984 S 14(1) – supply food by way of sale for human consumption that was not of the nature or substance demanded by the purchaser.dicate and prevent the harbourage of pests on the food premises.
Trade name of food business:

 Dumpling King
Address of premises where offence(s) occurred:

 Westfield Doncaster Food Court, Shop 3, 619 Doncaster Road, Doncaster 3108
Date of conviction:

 19 November 2015
Court decision:

Found guilty with conviction 
Sentence and/or order imposed:

Convicted and fined $25,000 as part of an aggregate order, with $3,327.50 costs
Description of offense(s):

 

Food Act S 16(1) – fail to comply with the Food Standards Code on 6 August 2015:

 

  1. Standard 3.2.2, Clause 6(2) – fail to ensure that potentially hazardous food was stored under temperature control.
  2. Standard 3.2.2, Clause 3(1) – fail to ensure that persons undertaking food handling operations had skills in food safety and food hygiene matters and knowledge of food safety and food hygiene matters commensurate with their work activities.
  3. Standard 3.2.2, Clause 19(1) – fail to maintain the food premises to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter.
  4. Standard 3.2.2, Clause 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  5. Standard 3.2.2, Clause 21(1) - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.

 
Trade name of food business:
 

San Choi

 
Address of premises where offence(s) occurred:

 298 – 302 High Street, Kew 3101
Date of conviction:

 31 August 2015
Court decision:

 Found guilty with conviction 
Sentence and/or order imposed:

New China Sea Group Pty Ltd - Convicted and fined $20,000 as part of an aggregate order

Zhong Wei Chen - Convicted and fined $12,500 as part of an aggregate order with $7,500 costs

Viet-Sanh Lai - Convicted and fined $12,500 as part of an aggregate order with $7,500 costs

Tak Chi Chu - Convicted and fined $12,500 as part of an aggregate order with $7,500 costs

Quim Lam Lai - Convicted and fined $12,500 as part of an aggregate order with $7,500 costs
Description of offense(s):

Food Act Section 16(1) – fail to comply with the Food Standards Code on 11 August 2014, as follows:

  1. Standard 3.2.2, Clause 19(1) – fail to maintain the food premises to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter.
  2. Standard 3.2.2, Clause 19(2) – fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  3. Standard 3.2.2, Clause 6(1)(a) – fail, when storing food, to store food in such a way that it was protected from the likelihood of contamination.
  4. Standard 3.2.2, Clause 21(1) – fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  5. Standard 3.2.2, Clause 7(2) – did not, when processing potentially hazardous food that is not undergoing a pathogen control step, ensure that the time the food remains at temperatures that permit the growth of infectious or toxigenic micro-organisms in the food is minimised.
  6. Standard 3.2.3, Clause 3(d)(ii) - fail to ensure the design and construction of food premises did not permit the entry of pests.
  7. Standard 3.2.2, Clause 17(1)(a) – fail to maintain easily accessible hand washing facilities.
  8. Standard 3.2.2, Clause 20(1)(b) – fail to ensure that any food contact surfaces of equipment were in a clean and sanitary condition whenever food that will come into contact with the surface is likely to be contaminated.

Food Act Section 16(1) – fail to comply with the Food Standards Code on 12 August 2014, as follows:

  1. Standard 3.2.2, Clause 19(1) – fail to maintain the food premises to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter.
  2. Standard 3.2.2, Clause 19(2) – fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  3. Standard 3.2.2, Clause 21(1) – fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  4. Standard 3.2.2, Clause 6(1)(a) – fail, when storing food, to store food in such a way that it was protected from the likelihood of contamination.

 
Trade name of food business:
 		 Rado Sushi

 
Address of premises where offence(s) occurred:

 147 Lonsdale Street, Melbourne 3000
Date of conviction:

 22 September 2015
Court decision:

 Found guilty with conviction
Sentence and/or order imposed:

 Li Zhi Feng- Convicted and fined $7,500 as part of an aggregate order

Rado Sushi Pty Ltd - Convicted and fined $20,000 as part of an aggregate order
Description of offense(s):

Food Act Section 16(1) - fail to comply with the Food Standards Code on and between 21 and 22 January 2015, as follows:

  1. Standard 3.2.2, clause 6(1)(a) - fail, when storing food, to store food in such a way that it was protected from the likelihood of contamination.
  2. Standard 3.2.2, clause 19(1) - fail to maintain the food premises to a standard of cleanliness where there was no accumulation of garbage, food waste, dirt, grease or other visible matter.
  3. Standard 3.2.2, clause 19(2) - fail to maintain all fixtures, fittings and equipment having regard to its use, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease and other visible matter.
  4. Standard 3.2.2, clause 21(1) - fail to maintain food premises, fixtures, fittings and equipment in a good state of repair and working order having regard to their use.
  5. Standard 3.2.2, clause 24(1)(b) - fail to take all practicable measures to prevent pests from entering the food premises.

Food Act Section 16(1) - fail to comply with the Food Standards Code on 21 January 2015, as follows:

  1. Standard 3.2.2, clause 17(1)(c) - fail to ensure hand washing facilities are only used for the washing of hands, arms and face. 

 

Source: Victoria Health Safety, 27th October 2016

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